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Patna High CourtCR. MISC./45069/2014bail granted

Keshwar Ojha And ANR. v. The State Of Bihar

2015-04-10Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45069 of 2014 Arising Out of PS.Case No. -18 Year- 2014 Thana -PALANWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Keshwar Ojha Son of Late Laxmi Ojha

2. Pawan Ojha Son of Late Ashtanand Ojha Both are residents of village - Basti Semra, P.S. - Palanwa, District- East Champaran. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar, Advocate For the State : Ms. Indu Bala Pandey, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 10-04-2015 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in a case registered for the offences punishable under sections 341, 323, 324, 307, 504 and 379/34 of the Indian Penal Code.

It is submitted on behalf of the petitioners that as per the allegation, the petitioner no. 1 had given blow from chhura etc. causing injury to the informant, however, the injuries are shown to be skin-deep and simple in nature. It is further submitted that there is a case and counter case between the parties as the petitioners' side has also lodged Palanwa Police Station Case No. 19/2014 a copy of which has been appended as Annexure 2 to this application. It is contended that so far petitioner no. 2 is

Patna High Court Cr.Misc. No.45069 of 2014 (2) dt.10-04-2015 concerned, there is no allegation of any overt act. Having regard to the facts and circumstances of the case, let the abovenamed petitioners, namely, Keshwar Ojha and Pawan Ojha, be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Palanwa Police Station Case No. 18/2014 on furnishing bail bonds of Rs.10,000/- ( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Raxaul at Motihari, subject to the conditions laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) SC/- U